Generally speaking, once your compensation case has been established, you can receive indemnity benefits for 18 years and reopen your case for medicals benefits forever. These long term issues are subject to specific conditions and terms contained in the WCL. Some of these rights are dependent upon findings of permanency. If you have a permanent partial or permanent total condition, your indemnity benefits can continue subject to specific limitations found in the WCL. If you return to work, certain kinds of cases permit the WCB to grant a specified monetary award. These are usually known as schedule loss of use awards or awards for periods of time where wage loss occurs. In other cases, you may even be classified as having a causally related permanent condition which may entitle you to continuing indemnity and medical benefits. If your case has not been established or properly filed, special time periods control. Generally, a case must be filed within two years from the date of the incident and notice of the incident must be given to your employer with 30 days from the incident. All cases require a causal connection exist before benefits of any type can be established. Evidence of such a causally connection is contained in the reports and opinions of a medical provider. The opinions of your health provider are contrasted with the opinions of health related witness for your employers' benefit provider.
As continuously stated, please note my disclaimer found throughout these blogs. This blog is merely provided for educational and general discussion purposes. It is not specific legal advise on any specific case. For any formal advise, a retainer agreement and face to face representation should occur. All situations have nuances that are fact and law dependent and can only be truly reviewed in such a relationship.
Eliot S. Levine & Associates
Attorneys at Law
1455 Veterans Highway
Hauppauge, New York 11749
Telephone: (631) 234-5484
Fax: (631) 234-5561
Email: e.levine@redsail2.com
www.LongIslandWorkers.com
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